SEKSUALITI MERDEKA CHALLENGES BAN

PRESS STATEMENT

Tue 10 Jan, 2012

(L-R: Michelle, Pang, Angela, Siti, Thilaga at the High Court)

The Seksualiti Merdeka organising committee, represented here by Pang Khee Teik, Angela Kuga Thas, Thilaga Sulathireh, Siti Kasim and Michelle Nor Ismat, have filed a judicial review in December 2011 against the ban of our annual sexuality rights festival that was meant to take place in November 2011. We have cited the Deputy IGP, the Dang Wangi Deputy Chief, and the IGP, as respondents. We are asking that the ban be removed and declared null and void, and that the police give us copies of all reports made against us.

Seksualiti Merdeka is an annual sexuality rights festival held peacefully since 2008. From the beginning we have three simple aims. Firstly, to empower Malaysians who have been marginalized their whole lives for their sexuality and gender identities. Secondly, to champion sexuality rights as human rights – self-determination, expression and love are all vital to our humanity. Thirdly, to provide platforms for advocacy of human rights on issues of sexuality and gender.

Our event every year, consisting of forums, talks, and performances, have been sponsored and supported by many local and international organisations, including SUARAM, WAO, PT Foundation, Malaysian Bar Council, Empower, Tenaganita, Pusat Rakyat LB, Amnesty International, United Nations, etc. Last year, however, our event was banned by the Deputy IGP on the basis that Seksualiti Merdeka is allegedly a deviationist activity that could destroy religious freedom, could create disharmony, enmity and disturb public order, and could threaten national security.

These claims are illogical and ridiculous. We hereby declare that the forums, talks and performances we planned to carry out last year were NOT deviationist, NOT disharmonious and NOT threatening to anyone, least of all our national security. The Deputy IGP has neither power nor basis to declare such a ban. The ban is absolutely unconstitutional, illegal and undemocratic. We are truly outraged by this blatant abuse of power against innocent citizens.

The ban, the protests against our activities and all attempts to prevent us from expressing ourselves are irrefutable evidence of the discrimination faced by LGBTIQ Malaysians. We are not surprised by those who disagreed with us. In fact, we support their freedom to disagree with us just as we support everyone’s freedom to disagree. But by demanding that we be shut down, they have shown that they don’t understand the meaning of equality and will compromise the very right they are exercising. Their overwhelming existence and the imbalance of power in their favour show why we needed such a space for education, understanding and empowerment.

We are deeply disappointed that some media have twisted the truth about us and subjected us to further misunderstanding. More than anything, we need to take the Malaysian law enforcers to task for failing to equally protect the rights of ALL parties to express ourselves. The fact that the police acted on behalf of the bullies against the minorities reveals the severe inequality that lies at the heart of Malaysia.  

We wish to thank everyone who have spoken up for our right to express ourselves. The bright side of last year's ban can be found in the numerous rational, compassionate and humanitarian voices that emerged in support of Seksualiti Merdeka. Thank you to those who do recognize our shared humanity. You give us hope for Malaysia. We will continue to fight until all Malaysians are free to be who they are and are treated equally before the law.

seksualiti.merdeka@gmail.com

REPEAL SODOMY LAW!

Press Statement: For immediate release

The organisers of Seksualiti Merdeka condemn the Malaysian government’s use of the penal code 377, an archaic, discriminatory and legally unsound law, which criminalises consensual sexual relations between adults. Sexual relations between two consenting adults is a private matter. The state, as well as both state and non-state actors, should not interfere in consensual sexual relations between two adults. 

We are non-partisan. Our only concern is for the protection and promotion of the human rights of the lesbian, gay, bisexual, transgender, intersexual, queer (LGBTIQ) community in Malaysia. The current persecution of Anwar Ibrahim using this law has created an atmosphere of fear amongst sexual minorities and further promotes stigmatisation, discrimination, violence and hate speech towards us. Malaysian citizens should not be made collateral damage in the government’s political game.

Over the last few decades, many countries including former British colonies and many Asian nations have already repealed similar laws. In fact, countries which still retain such laws are in the minority. If Malaysia wishes to be counted among civillised nations, it needs to advance its progress in promoting humanity by establishing and strengthening the Malaysian legal system to champion justice and equality for all Malaysians.

Ban Ki Moon, the Secretary General of the United Nations in 2010 pledged support and encouraged the decriminalization of homosexuality. Malaysia, as a member of the Human Rights Council, should therefore not be using Section 377 of the Penal Code to persecute Malaysians. Human rights are universal and must never be held hostage by the political agenda of any government or ruling power. Our discourse on cultural values must not privilege one group's culture over another and we must recognise the larger culture of our shared humanity. We therefore call upon the Malaysian government to repeal the Penal Code 377a, 377b and 377d which criminalise consensual sexual relations between adults.

Mereka bukan kita! Seksualiti Merdeka Impostors at Walk For Freedom

The organisers of Seksualiti Merdeka wish to clarify that we have NEVER authorised anyone to represent Seksualiti Merdeka at the Walk For Freedom march that was coordinated and led by the Malaysian Bar Council. Seksualiti Merdeka strongly condemns the actions of this group that has, in all ill will, intended to misrepresent Seksualiti Merdeka for their own selfish and possibly, political interests. We do NOT know them and we are exploring legal action against them. We urge the media to have more integrity in their reporting of the news and to stop perpetuating stigma and discrimination against the LGBTIQ community.

You can follow more details of the story here: http://www.freemalaysiatoday.com/2011/11/29/anti-gay-group-marches-against-bar-council/
 
And a blog about it: http://milosuam.blogspot.com/2011/11/bongkar-modus-operandi-tv3-celaka-buat.html

Pawns in a political game: BFM 89.9 interview with Pang Khee Teik

The recent ban of the Seksualiti Merdeka festival is a political one, says Pang Khee Teik, co-founder of the festival. "Elections are coming up... I suspect it [the ban] is because of the NGOs involved in our festival, who had  in the past, criticised the government  for lack of adherence to human rights. This is an opportunity for certain quarters to attack NGOs for the role they played," he says, adding that the ban may also be an attempt to distract the public from the recent Auditor-General Report on government spending.

The Lesbian, Gay, Bisexual and Transgender (LGBT) community has been and remains an easy target to made use of by the government, he says. "We're like pawns to be sacrificed in this game. What we're doing here [organising the festival] and the controversy that has resulted over the past few days is a clear sign that Malaysia disregards the rights of not just LGBT but all minorities - we're all fair game for them, be it refugees, Orang Asli, LGBT, the State just doesn't care," he said in a recent interview with BFM.

Pang says that the purpose of the festival, which has been organised annually since 2008, was not to change the minds of the public to embrace the values of the LGBT community, but to consolidate the LGBT community, and empower Malaysians to recognise their rights.  "A lot of Malaysians are not aware of their human rights -- that the only qualification they need to have rights, is to be human. We have to recognise our rights first before getting others to recognise it as well," he says.

On November 7, Pang, together with former Bar Council chairman and BERSIH2.0 chairman Datuk Ambiga Sreevanasan, Tenaganita chairman Irene Fernandez and Bersih 2.0 committee member Maria Chin Abdullah were called into questioning by the police about the movement.

Asked whether the decision to invite Ambiga -- who is synonymous with Bersih -- to officiate Seksualiti Merdeka this year was inviting trouble, Pang says the organisers had done so to show that even the LGBT community have a vested stake in the building of the country.

"We're not telling them [the public] to agree with us. I will stand for your right to believe that I am wrong, and at the same time I have the right to believe that I am not wrong. If we both give our space to each other to believe what we believe and exercise those beliefs responsibly, this country would be a better, much more peaceful place. There is a way for us to out aside our differences and work together in building this country," he says.

In the following interview, Pang also talks about how the police treated him when he recorded his statement, the discrimination that the LGBT community faces as well as how the ban, though unwanted, turned out to be a blessing in disguise.

Pandangan seorang Muslim Terhadap Seksualiti Merdeka

Sebagai seorang Muslim, jika saya hendak menggunakan masa dan khudrat saya untuk memprotes sesuatu, pertamanya ia adalah terhadap rasuah, kedua, penderaan seksual kanak-kanak, dan ketiga, suami yang berpoligami atas nama agama namun melalaikan tanggungjawabnya terhadap isteri-isteri dan anak-anak.

Saya tidak akan membazirkan masa dan tenaga untuk membangkang suatu aktiviti tahunan yang dianjurkan oleh sekumpulan pihak yang memang telah terpinggir dan didiskriminasikan oleh masyarakat.

Saya rasa ada banyak prasangka negatif yang telah wujud berkenaan aktiviti Seksualiti Merdeka. Pada sesiapa yan membangkang dan memprotes, pernahkan mereka pergi melihat apakah forum Seksualiti Merdeka ini?

Saya pernah menghadiri Seksualiti Merdeka pada tahun 2008 dan aktivitinya agak menarik – seni, muzik, dan ceramah-ceramah yang membuat kita bermuhasabah (refleksi diri). Salah satu ceramah yang menarik adalah daripada ahli sejarah Dr. Farish Noor berkenaan dengan Hikayat Panji Semerang, sebuah lagenda tentang seorang puteri Indonesia-Melayu yang amat berani dan menyamar sebagai pahlawan lelaki, seperti cerita Mulan, hero wanita Cina.

Mungkin mereka yang membantah keliru dengan perkataan Seksualiti. Seksualiti bukanlah Seks. Setiap individu mempunyai seksualiti – sama ada homoseks, biseksual, transeksual, interseksual, ataupun heteroseksual (yang bererti tarikan terhadap jantina bertentangan). Banyak kajian telah menunjukkan bahawa seksualiti itu bukan sesuatu yang dipilih, seperti kita memilih pakaian ataupun citarasa, tetapi adalah naluri kita, yakni, sesuatu yang mendalam dalam diri kita.

Seksualiti Merdeka bukannya Seks Merdeka. Ia tidak ada kaitan langsung dengan seks bebas. Pada hemat saya, ia sebenarnya meraikan konsep ”kita berbagai-bagi, tapi kita satu” – sama seperti 1Malaysia. Tiada sesiapa yang harus didiskriminasi, diganggu atau disisihkan berdasarkan gender, kaum, agama atau orientasi gender dan seksual mereka.

Namun, jika kita tidak bersetuju dengan perhubungan homoseks, kita tidak perlu menyokongnya. Ia sama seperti kita tidak perlu ke nightclub ataupun minum arak kerana setakat ini perkara-perkara ini tidak diharamkan di negara kita.

Dan walaupun kita tidak bersetuju dengan hubungan homoseksual, kita tidak dapat menafikan bahawa golongan gay, lesbian, transgender, transeksual dan intersex adalah sebahagian daripada masyarakat kita dan mereka juga adalah insan ciptaan Allah.

Mereka mungkin adalah peguam, doktor, jurutera, petani, cikgu, pelajar dan ahli politik kita, malah mungkin abang, adik, kakak dan saudara kita sendiri. Kita mungkin cam seseorang lelaki lembut sebagai homoseks walaupun bukan semua lelaki lembut adalah homoseks. Saya mempunyai beberapa kenalan yang merupakan lelaki lembut – seorang memegang jawatan tinggi dalam pentadbiran kewangan kerajaan, seorang lagi sarjana PhD dan seorang lagi aktivis yang berusaha membantu golongan yang menghidapi kanser

Apakah yang akan berlaku kepada negara kita tanpa mereka?

Di Malaysia, kita hidup di dalam sebuah masyarakat pelbagai kaum dan agama, agak menyerupai Madina, di mana Nabi Muhammad s.a.w. pernah hidup. Dengan mengikuti jejak Nabi Muhammad s.a.w., kita belajar untuk menerima dan menghormati perbezaan antara satu sama lain. Ini merupakan salah satu sunah Nabi.

Nabi Muhammad s.a.w. bukan sahaja merupakan seorang pemimpin untuk umat Islam, namun untuk sesetengah golongan bukan Islam seperti Yahudi, Kristian, dan golongan jahiliah di Madina. Baginda tidak membangkang atau melarang cara kehidupan atau kepercayaan manusia lain. Setiap manusia dibenarkan untuk mengamalkan cara hidup dan kepercayaan masing-masing selagi keamanan sejagat tidak diganggu.

Forum Seksualiti Merdeka ini, pada diri saya, tidak bercanggah dengan kepercayaan saya sebagai Islam. Sebaliknya, ia mengukuhkannya. Seperti yang tercatat di dalam Al-Quran:

Tidakkah engkau melihat bahawa Allah menurunkan hujan dari langit, lalu Kami keluarkan dengan air hujan itu buah-buahan yang berlainan jenis dan rupanya; dan di antara gunung-ganang pula ada yang mempunyai jalur-jalur serta lorong-lorong putih dan merah, yang berlainan warnanya (tua dan muda) dan ada juga yang hitam legam;
 


Dan demikian pula di antara manusia dan binatang-binatang yang melata serta binatang-binatang ternak, ada yang berlainan jenis dan warnanya? Sebenarnya yang menaruh bimbang dan takut (melanggar perintah) Allah dari kalangan hamba-hambaNya hanyalah orang-orang yang berilmu. Sesungguhnya Allah Maha Kuasa, lagi Maha Pengampun.  (Al- Fatir 35:27-28)

Agama Islam mengajar kita bahawa kepelbagaian adalah fitrrah dan hakikat sifat ciptaan Allah. Kita diwujudkan secara berbeza dan pelbagai supaya kita mengetahui dan menghormati antara satu sama lain. Mengikut ayat A-Fatir 35:27-28, saya rasa interpretasi perkataan “warna” bukan sahaja merujuk kepada “warna benda”, ia juga merujuk kepada rupa, sifat, dan kebolehan kita. Allah berkata bahawa tiada masalah untuk Dia mewujudkan hanya satu Umat, maksudnya, insan yang serupa dari segi agama, kepercayaan, naluri dan lain-lain lagi.

Namun Dia tidak berbuat demikian kerana Allah hendak menguji ketakwaan kita terhadap Nya. Apakah kita menghayati dan mempraktikkan nilai-nilai mulia seperti toleransi, hormat, kasih sayang dan belas kasihan kita untuk menerima segala ciptaan dan anugerah Allah?

“Untuk setiap umat di antara kamu, Kami berikan peraturan dan jalan yang terang. Sekiranya Allah menghendaki, nescaya kamu dijadikanNya satu umat (saja), tetapi Allah hendak menguji kamu terhadap pemberianNya kepadamu, maka berlumba-lumbalah membuat kebajikan. Hanya kepada Allah-lah kamu akan kembali semuanya, lalu diberitahukanNya kepadamu apa yang telah kamu perselisihkan itu” (Al-Ma’idah 5:48)

Ketika kita meraikan Hari Raya Qurban, kita perlu menyelami maksud yang lebih mendalam tentang erti pengorbanan. Bagi saya, ia menolong kita menghayati erti kehidupan, betapa berharganya nyawa yang diberikanNya kepada kita dan juga alam ciptaanNya. Ia juga membantu kita mendalami erti pengorbanan serta amalan bersedekah kepada orang-orang yang miskin dan papa kedana.

Mungkin golongan lain tidak dapat memahami amalan yang suci ini. Di Barat, umat Islam mungkin tidak dapat mengorbankan lembu, kambing atau biri-biri untuk memperingati sejarah pengorbanan Nabi Ibrahim terhadap Allah. Ada yang akan menuduh amalan kita kejam terhadap binatang tanpa memahami maksud yang lebih mendalam. Namun Alhamdullilah, saya tidah pernah dengar pihak yang melarang hak orang Islam untuk meraikan Hari Raya Eidul Adha.

Saya berharap kita dapat mengamalkan sikap toleransi kepada golongan yang dipandang bawah dan dipinggirkan oleh masyarakat. Kita sebagai Islam bertanggung-jawab mengamalkan Jihad yang lebih tinggi dan mulia di sisi Allah -- Jihad untuk mengatasi kejahatan dalam diri kita, Jihad untuk bermuhasabah, Jihad untuk tidak mengadili dan menghukum orang lain, dan Jihad untuk mempunyai sifat hormat-menghormati dan kasih-sayang.

Kerana siapakah kita, manusia kerdil untuk mengadili orang lain apabila Pangadilan Terakhir terletak pada Allah?

Mualaf, Kuala Lumpur
November 2011

Malaysia: Ban On Sexuality Rights Festival Violates Human Rights

Press Release by International Gay & Lesbian Human Rights Commission, Nov 10, 2011

(New York, November 9, 2011) Today, the International Gay and Lesbian Human Rights Commission (IGLHRC) sent a letter to the government of Malaysia condemning the November 3rd police ban of all events related to Seksualiti Merdeka, an annual arts and performance showcase dedicated to the rights to identity and self-determination out of alleged concern for public order.

"The police rationalized the shutdown of Seksualiti Merdeka as a preemptive move against possible altercation by conservative groups misusing religion to vilify people who do not conform to their expectations of acceptable sexual orientation and gender identity," said Grace Poore, Regional Coordinator for Asia and the Pacific Islands at the International Gay and Lesbian Human Rights Commission (IGLHRC).

Datuk Seri Kahlid Abu Bakar, Deputy Inspector-General of Police, who issued the ban against Seksualiti Merdeka told media during a press conference in Kuala Lampur on November 3, "We are not against the people's right to freedom of speech or human rights. However, if the event creates uneasiness among the vast majority of the population, it may result in disharmony, enmity and threaten public order."

Mr. Khalid threatened police action against anyone who defied the ban and announced that festival organizers would be taken in for questioning under Section 298A of the Malaysian Penal Code and Section 27A(1)(c) of the Malaysian Police Act. 

As a result of the November 3rd ban, organizers were forced to cancel the annual festival. Ten of the festival's organizers were questioned by Internal Security and Public Order Police in Kuala Lumpur. In an atmosphere of increasing intimidation and harassment, on November 1, two plainclothes and two uniformed police officers entered a workshop on lesbian, gay, bisexual, transgender and queer and questioning (LGBTQ) human rights. 

"The police abused their authority by targeting people already being vilified," said Poore. "Their conduct encouraged intolerance, hate speech and aggression."

The 2011 Seksualiti Merdeka, scheduled from November 2 to 13, was themed "Queer Without Fear." The theme aptly captures the violence, culture of impunity and harassment experienced by LGBT Malaysians. The national Malay media has condemned women who appear masculine and men who appear feminine.¹ Terengganu state schools have removed effeminate male students from regular schools and mandate them to "reparative" education.² Melaka religious authorities have sanctioned the intimidation and beating of transgender people (mak nyah).³ Reports from an unpublished study on violence against LGBT people preliminarily indicate that police have extorted money from LGBT individuals, and families are using physical violence to punish gender and sexual non-conformity of female members.⁴

Background

Seksualiti Merdeka was launched in 2008 by a network of artists and activists advocating for the social, cultural, civil and political rights of Malaysian citizens who are denied the rights to identity and self-determination. The two-week festival, which is always held on private premises, has featured workshops, poetry, music, dance, interactive installations and film screenings to generate discussion, raise awareness, and promote respect for sexual and gender diversity. According to organizers, festival attendance has been growing: 500 people in 2008 and 1500 in 2010. Previous years saw no disruptions.

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The following excerpts are from press releases by organizers of Seksualiti Merdeka, as well as women’s rights and human rights NGOS, the Malaysian Bar Council, and Islamic and non-Islamic groups that support Seksualiti Merdeka and oppose the ban.

Organizers of Seksualiti Merdeka, November 5, 2011
"The Malaysian government should uphold our right to conduct peaceful forums, workshops and performances. The intimidating displays of hatred and ignorance towards us and calls for us to be shut down demonstrate why we absolutely need a safe space and event like Seksualiti Merdeka. The blanket ban on Seksualiti Merdeka’s programme this year is unprecedented as we have been conducting similar events over the past few years. In the interest of the safety of our participants, we will not proceed with all public events of Seksualiti Merdeka while we seek a meeting with the Inspector General of Police YB Tan Sri Ismail Omar to explain the objectives of Seksualiti Merdeka."
http://komunitikini.com/kl-selangor/kuala-lumpur/mccbchst-seksuality-merdeka-religion-lgbt-human-rights

Malaysian Consultative Council on Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST), November 5, 2011
"MCCBCHST is against all forms of harrassment, intimidation, threats and violent attacks on any Malaysian including those from the lesbian, gay, bisexual or transgender (LGBT) community. Their right to personal liberty, dignity and privacy must be respected. We also note that all Malaysians have a right to freedom of expression and can disagree with our existing laws. As long as they assemble in peace to discuss these matters, to educate and create awareness, and to seek law reform, their right to express themselves and to assemble peacefully must also be respected."
http://komunitikini.com/kl-selangor/kuala-lumpur/mccbchst-seksuality-merdeka-religion-lgbt-human-rights

Women’s Candidacy Initiative, November 4, 2011
"The banning of this festival is an attack on Malaysia’s democracy and the fundamental principles of the Federal Constitution, including the right to freedom of expression and association. … WCI seeks to improve the democratic participation of women in Malaysia and regards the current act of censorship as extremely damaging to the participation of all women, especially women of diverse sexual orientations and/or gender identities."
http://komunitikini.com/kl-selangor/kuala-lumpur/wci-condemns-seksualiti-merdeka-bans

Sisters In Islam, November 3, 2011
"Sisters in Islam (SIS) strongly disagrees with the police's blanket ban on Seksualiti Merdeka. We see this as yet another pattern of censorship and banning of freedom of expression, association and the free circulation of ideas in Malaysia. We are also concerned at how the ban is going to be enforced by the police force. Was there, for example, a court order to ban the festival? How exactly do the police intend to follow through this "ban"?... While we understand that there are Muslims opposed to ideas of respecting gender and sexual diversity, as a Muslim women's organisation, SIS disagrees with the methods used to stifle these ideas."
http://komunitikini.com/kl-selangor/kuala-lumpur/sisters-in-islam-opposes-ban-on-seksualiti-merdeka

Ahmad Fuad Rahmat, Islamic Rennaisance Front, November 3, 2011
"We are living in a heterogeneous society full of diversity. In order for a society to mature, it must be able to remodel itself to be inclusive in nature. There should be no discrimination based on gender or sexual orientation, irrespective of race and religion. Every single citizen has the right to live and express his or her conviction without fear. … In the spirit of democracy and fundamental liberty, we must respect the freedom of expression of all Malaysians."
http://www.themalaysianinsider.com/mobile/sideviews/article/on-the-seksualiti-merdeka-controversy-a-plea-for-calm-and-rationality-ahmad-fuad-rahmat/

Suara Rakyat Malaysia with 16 Endorsements, November 2, 2011
"We are deeply concerned with the situation where religious and political leaders, as well as the media continue to demonise LGBTIQ activists and communities in Malaysia. In addition, LGBTIQ persons are frequently exposed to hate speech, attacks and harassment. We believe that everyone in Malaysia deserves to be free from discrimination, harassment and violence regardless of their sexual orientations and their gender identities. We believe it is our right to be responsible for our own body. We, the undersigned organisations, whole-heartedly will continue to support the much-needed efforts taken by the Seksualiti Merdeka."
http://www.facebook.com/suararakyatmalaysia


Malaysian Bar Council President, Lim Chee Wee, November 2, 2011

"In Malaysia, the lesbian, gay, bisexual and transgender ("LGBT") community has long been treated as "outsiders", even though they are citizens. Members of the LGBT community in Malaysia face numerous hardships, including a lack of personal safety due to harassment by civil and Syariah authorities, living in fear of prosecution for the private acts of consenting adults, and constantly facing public discrimination and denigration. They are perennially at the receiving end of negative innuendo and hate speech in the mainstream media, which is seemingly tolerated by the authorities. The Malaysian Bar encourages PM Najib Razak to follow up on his words that Malaysia is a "progressive, liberal nation" and to alleviate the suffering of members of the LGBT community in Malaysia. He can do so by quickly introducing laws to remove legislation that impose unwarranted restrictions on the individual liberties of the LGBT community in Malaysia."
http://www.kritis-online.com/

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Letter to the Inspector General of Police

YB Tan Sri Omar Ismail
Inspector General of Police
Ibu Pejabat Polis Diraja Malaysia
Bukit Aman
50560 Kuala Lumpur
Malaysia

Tel: 03 - 2266 2222
Fax: 03 - 2070 7500

November 9, 2011

Re: Ban of Seksualiti Merdeka

Dear Tan Sri Omar, 

I write to you from the International Gay and Lesbian Human Rights Commission (IGLHRC), a twenty-one year-old human rights organization with offices around the world, to express deep concern about recent events around Seksualiti Merdeka, an annual festival dedicated to the use of art and performance to advocate for human rights. On November 3, 2011, police shut down all events related to Seksualiti Merdeka, citing concern for public order. The police crackdown represents a violation of the rights to assembly, association, privacy and expression.

On November 1, two plainclothes and two uniformed police officers entered a workshop on lesbian, gay, bisexual, transgender and queer and questioning (LGBTQ) human rights, an act we interpret as surveillance and intimidation. The police acted in response to a complaint by members of a Malay rights group, Perkasa, to the Deputy Inspector General of Police, Datuk Seri Khalid Abu Bakar, alleging that Seksualiti Merdeka was promoting "abnormal and immoral activities." 

On November 3, Mr. Khalid in a press conference in Kuala Lumpur ordered that Seksualiti Merdeka be banned, saying, "We are not against the people's right to freedom of speech or human rights. However, if the event creates uneasiness among the vast majority of the population, it may result in disharmony, enmity and threaten public order." The police then threatened "action" against anyone who defied the ban. He also announced that festival organizers would be taken in for questioning by police under Section 298A⁵ of the Penal Code and under Section 27A(1)(c) of the Police Act.⁶

Ten organizers were questioned by Internal Security and Public Order Police in Kuala Lumpur. As a result of the ban, organizers were forced to cancel the annual festival. 

Since 2008, Seksualiti Merdeka has been an annual showcase of artistic expression to advocate for Malaysian citizens who are denied the rights to identity and self-determination. Seksualiti Merdeka has always held peaceful, educational gatherings on private premises. The 2011 theme, "Queer Without Fear," aptly captures the violence, culture of impunity and harassment experienced by LGBT Malaysians. Homophobia and transphobia take diverse forms. The national Malay media has condemned women who appear masculine and men who appear feminine.⁷ Terengganu state schools have removed effeminate male students from regular schools and mandate them to "reparative" education.⁸ Melaka religious authorities have sanctioned the intimidation and beating of transgender people (mak nyah). ⁹ Reports from a unpublished study being conducted on violence against LGBT people preliminarily indicate that police have extorted money from LGBT individuals, and families are using physical violence to punish gender and sexual non-conformity of female members.¹⁰

The National Commission of Human Rights of Malaysia, Suhakam, has made a commitment to promote the respect of LGBT people. Suhakam has demonstrated this commitment by specifically reprimanding members of the press who have used derogatory language against LGBT people and have affirmed that LGBT human rights must be respected. As a member of the Asia Pacific Forum (APF), which adopted the Yogyakarta Principles, an authoritative interpretation of international human rights law with regard to sexual orientation and gender identity, Suhakam has also affirmed that according to the Principles, "All people regardless of their sexual orientation and gender identity are entitled to enjoy their basic rights as human beings." Furthermore, it has committed to speak out against "name-calling, bullying and infliction of bodily harm against LGBT groups."

We urge you to:

• Lift the ban against Seksualiti Merdeka.


• Ensure that police do not arrest or intimidate the organizers of and/or anyone connected to Seksualiti Merdeka.


• Protect the organizers of and/or anyone connected to Seksualiti Merdeka from private actor violence and hold vigilantes who commit acts of violence on this basis accountable to the fullest extent of the law.


• Conduct a public awareness campaign about equality before the law and non-discrimination, regardless of sexual orientation or gender identity.


• Train police officials with regard to lesbian, gay, bisexual and transgender rights to end arbitrary harassment of LGBT individuals, their speech and assembly.


• Ensure that the rights to assembly, association, speech, and expression are upheld universally and not subject to arbitrary or biased perceptions of public order.

The ban on Seksualiti Merdeka represents unmitigated censorship and stifling of freedom of expression, association and exchange of ideas. As noted by members of the Islamic Renaissance Front and the Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST), two of the many Islamic and non-Islamic groups that support Seksualiti Merdeka, "All Malaysians have a right to personal liberty, dignity and privacy." Rather than violating the rights of Malaysians to conduct peaceful forums, workshops and performances, IGLHRC calls upon the government to live up to Prime Minister Najib’s vision of a "progressive, liberal nation."

Sincerely,

Cary Alan Johnson
Executive Director

CC:
Prime Minister of Malaysia, YAB Dato’
Sri Haji Mohd Najib bin Tun Haji Abdul Razak
Deputy Prime Minister, YB Tan Sri Muhyiddin Yassin
The Human Rights Commission of Malaysia

---

Footnotes

1. http://www.utusan.com.my/utusan/info.asp?y=2010; http://www.kosmo.com.my


2. http://www.nst.com.my/nst/articles/16eff/Article/


3. http://www.freemalaysiatoday.com/2011/04/19/mak-nyah-want-to-be-heard/; http://www.malaysiakini.com/news/70572


4. Information on file with the International Gay and Lesbian Human Rights Commission (IGLHRC) and confidential sources within Malaysia.


5. Section 298A of the Penal Code allows police to take action against anyone who causes "disharmony, disunity, feeling of enmity, hatred, ill-will or prejudice or for the
   maintenance of harmony or unity on the grounds of religion." http://www.agc.gov.my/Akta/Vol.%2012/Act%20574.pdf


6. Section 27A(1)(C) of the Police Act empowers police to act against any activity that takes place on private premises but is deemed prejudicial to the interest and security of Malaysia or that would excite a disturbance of the peace." http://www.agc.gov.my/Akta/Vol.%207/Act%20344.pdf


7. http://www.utusan.com.my/utusan/info.asp?y=2010; http://www.kosmo.com.my


8. http://www.nst.com.my/nst/articles/16eff/Article/


9. http://www.freemalaysiatoday.com/2011/04/19/mak-nyah-want-to-be-heard/ AND http://www.malaysiakini.com/news/70572.


10. Information on file with the International Gay and Lesbian Human Rights Commission (IGLHRC) and confidential sources within Malaysia.

Why can’t we just let everyone be fabulous?

Opinion by Erna Mahyuni
Published in the Malaysian Insider on Nov 9, 2011

NOV 9 — If metaphors became literal, I imagine most of us would be standing in broken glass. Stones scattered amongst the bewildered faces, people unable to understand how they became the targets.

By the nature of our inherent imperfections, we are ill-qualified to pass judgement on other people.

But we do it anyway.

It is easier by far to destroy than to build. Easier to find fault than perfection. Easier to sit around and gripe than to move to either remove the source of our woes or to grasp, instead, something that gives us joy.

Take the recent passing of Apple icon Steve Jobs. Not long after his death, articles decrying the hero worship surrounding him appeared. “So-and-so is the real saviour/icon/messiah/next top model, not Steve Jobs!”

If there is one thing I know for certain, it is that every single one of those people behind said articles will never come within a mile of greatness. Not because they vilified Steve Jobs, but because they expended so much effort into doing so.

There is a big difference between critiquing an effort or creative work and making a personal attack. Only the meanest of souls find joy in shredding a person into pieces. It takes a lot of energy to revile and hate. The people who aspire to higher things simply do not have the time.

Look at the artists. The statesmen. The visionaries. One thing they had in common was a desire to do something bigger than themselves. This desire consumed so much of their efforts it made no sense to spend even an hour of their time mocking another human being. Not that a few of them didn’t indulge in some of that but history does not remember them for their personal attacks.

So I put this question to the legion of personal attack junkies: Lu takde kerja ke? (Don’t you have anything (better) to do?)

It is hard for me to believe politicians are busy people when they spend so much time reviling movements like Seksualiti Merdeka. The economy is troubled, our education system is broken, crime and poverty are still problems and they’re more concerned about Ali wanting to bonk Abu.

Whatever morality is, I find it hard to equate it with injustice, intolerance and cruelty.

The argument from supposed guardians of morality (and what’s between my legs, it seems) is that their acting like nosy, virgin biddies is in God’s name. Who made them God? Is there some commandment somewhere declaring “You shall disallow any men who like men from being fabulous; Kimora Lee owns the patent on that”?

To quote from the book Ecclesiastes: “No one can tell us what will happen after we are gone.”

I object to anyone trying to save my soul as no one has as yet furnished me proof of my future destination after death. Yes, I believe in God but I consider it a personal flaw requiring too much effort to remedy. Like my flat nose, crooked teeth and my scary obsession with Alan Rickman. Over the years, all of those flaws — including my belief in God despite the fervent efforts of atheists —are just part of what makes me, me.

At the end of the day, when I see God I hope that I will have more to say than “I threw stones at people from my glass house. Well, everyone was doing it!”

* The views expressed here are the personal opinion of the columnist.

Minority and Vulnerable LGBTIQ Community Has Rights Too.

By Charles Santiago, Member of Parliament, Klang

The rule is that you don’t put all your years of accrued chips at the center of the table, where the wheel spins into a void. The Malaysian police, unfortunately, does not share this sentiment.

By banning Seksualiti Merdeka, the government and police have shown the world they are callous, intolerant and homophobic. Furthermore the ban is yet to be justified.

Following the ban, the organizers and other individuals have received threats, lewd and violent messages. Instead of protecting the rights of the minority LGBTIQ (lesbian, gay, bisexual, transgender, Intersex, queer) the government has shamelessly endorsed the ongoing persecution and discrimination against the community.

Seksualiti Merdeka is an annual sexuality rights festival which focuses on the human rights of people who come from diverse sexual orientation and gender identity.

Malaysia signed on the Universal Declaration of Human Rights 1948 and United Nations Charter before becoming a member of the Human Rights Council of the United Nations, vowing to respect sexual rights as universal rights based on the inherent freedom, equality and dignity of all human beings.

In sharp contrast, organizers of the festival and Ambiga Sreenevasan, who was scheduled to officiate the festival, have come under police questioning. Ruling government-owned media organizations have ignorantly branded the festival as one that advocates free sex.

If this is not enough some individuals and organizations have gone berserk in the name of religion and called for further persecution against the LGBTIQ community and Ambiga. It is difficult to get angry with the foolishness displayed by these groups but it is sad to note they would stoop so low as to use religion to spread fear.

If we could all take a step back and stop labeling peoples’ sexuality, we would be able to see the importance of human relations. We would clearly see the need to respect the rights of all people irrespective of their sexual orientation and identity as it is an integral part of every one of us.

The government, instead of fanning hatred and inciting anger, could move to oppose all forms of stereotyping against the LGBTIQ community. It should condemn the bullying and name calling the community has had to endure and ensure they have equal access to education and employment opportunities including enjoyment of basic rights of equality and freedom of expression and association.

The members of the community are targets of verbal abuse, physical and sexual violence, harassed at the work-place, ostracized by their families and face hate crime–related sexual assault.

They occupy the lowest positions in the job market, face discrimination in schools and are unable to access public housing because of their sexual orientation.

In fact, they experience the worst forms of discrimination.

They need compassion and state support. Not further discrimination.

But, driven by the need to stay in power, the government has fashioned the controversy surrounding the festival for its own political mileage. Clearly the ban demonstrates the ongoing persecution against Ambiga who spearheaded the call for electoral reforms in the country.

The government is playing a dangerous game as it has carelessly pitted different communities against each other, while prime minister Najib Tun Razak trumpets his 1Malaysia policy, which aims at national integration.

If the government is serious about its commitment to human rights as a member of the United Nations Human Rights Council, it must allow for a democratic space for vulnerable communities to engage in peaceful gatherings and revoke the ban on Seksualiti Merdeka.

Charles Santiago
Member of Parliament, Klang

Anwar backs Seksualiti Merdeka’s right to expression

By Yow Hong Chieh
Published in the Malaysian Insider on Nov 8, 2011

KUALA LUMPUR, Nov 8 — PKR de facto leader Datuk Seri Anwar Ibrahim has backed Seksualiti Merdeka’s right to express itself but stressed that this did not mean the party supported what the movement stood for.

“The issue here is not whether to support or not to support. The issue is you attack them. That’s something else. Can’t we talk about things in this country?” he told reporters in the Parliament lobby here today.

Anwar (picture) said the authorities should have engaged with Seksualiti Merdeka if they disagreed with its goals rather than use “extreme policing” to clamp down on the sexual rights movement.

He also slammed the Umno-controlled media for demonising Bersih chairman Datuk Ambiga Sreenevasan, who had agreed to officiate Seksualiti Merdeka, and claimed the attacks were politically motivated.

“This is what you call the vulnerability of a normal citizen against the entire might of a corrupt government.

“Why do you treat her like a common criminal, harassing her in this manner?” he asked.

Seksualiti Merdeka, a movement championing the freedom for sexual orientation and gender identity, has been holding its festival yearly since 2008 but sparked heated debate after the government banned this year’s celebration.

Deputy Inspector-General of Police Datuk Seri Khalid Abu Bakar said the police were not against freedom of expression or human rights but had to step in because the organisers did not have a permit to hold the festival in public.

He also said the police had banned the event to safeguard public order after receiving several reports against Seksualiti Merdeka.

Khalid added that the police were investigating the matter under section 298A of the Penal Code and section 27A(1)(c) of the Police Act and had linked Ambiga to the movement.

Seksualiti Merdeka’s organisers have called off all public events in the interests of participants’ safety as they seek a meeting with the Inspector-General of Police this week to clarify the festival’s objectives.

The MSMGF Calls on Malaysian Authorities to Lift Ban on Seksualiti Merdeka Festival

Press Release on Nov 8, 2011

The Global Forum on MSM & HIV (MSMGF) stands with PT Foundation, APCOM (Asia Pacific Coalition on Male Sexual Health) and other organizations in calling on the Malaysian authorities to lift the ban on the country’s annual Seksualiti Merdeka festival. 

The three-year old Seksualiti Merdeka festival aims to promote awareness of discrimination, harassment and violence based on sexual orientation and gender identity in Malaysia.  This year’s event, themed “Queer without Fear,” was to kick off on November 9.  On November 3, however, the police issued a ban on all activities related to the festival, citing concerns regarding “public order” and “religious freedom.”

By promoting the healthy expression of sexuality and highlighting the impact of homophobia and violence, events like Seksualiti Merdeka advance the human rights of LGBT citizens and help to fight the spread of HIV.  Open discussions about sex and sexuality are essential to successful HIV prevention programming, as is addressing the effects of stigma and discrimination, which have been strongly correlated with HIV risk among men who have sex with men (MSM).  Studies have shown that MSM in Malaysia are at significantly increased risk for HIV; governments and authorities must be supporting events like Seksualiti Merdeka, not shutting them down.

In addition to stifling the beneficial effects of a festival like Seksualiti Merdeka, actively banning LGBT events helps contribute to an environment of hostility toward sexual and gender minorities, populations that are already marginalized.  Singling out LGBT events for government action validates homophobic discrimination, reinforcing the idea that abuse of LGBT populations is acceptable.  This drives MSM and transgender people underground and away from lifesaving services, making it extremely difficult to connect them with HIV prevention, care and treatment.

To promote the health and human rights of sexual and gender minorities in Malaysia, the MSMGF joins local and regional partners in calling for the authorities to lift the ban on Seksualiti Merdeka.   

The Global Forum on MSM & HIV (MSMGF) is an expanding network of AIDS organizations, MSM networks, and advocates committed to ensuring robust coverage of and equitable access to effective HIV prevention, care, treatment, and support services tailored to the needs of gay men and other MSM.

Seksualiti Merdeka dan pengaruh homofobia Melayu

Oleh Alicia Izharuddin

Dari Merdeka Review, Nov 09, 2011

Pengharaman Seksualiti Merdeka yang diumumkan secara tiba-tiba pada 3 November dan kecaman terhadap perasminya, Ambiga Sreenevasan, adalah satu lagi sejarah hitam dalam perjalanan Malaysia ke arah era yang lebih demokratik.  Mengikut PERKASA, MUIS, dan pelbagai badan agama yang lain, Seksualiti Merdeka mempromosikan fahaman liberal, budaya "songsang" dan melanggar ajaran Islam.  Oleh itu, Seksualiti Merdeka harus dikecam dan diharamkan.  Terdapat beberapa persoalan yang perlu diutarakan.  Pertama sekali, adakah fahaman liberal benar-benar menyanggah dengan ajaran Islam?  Kedua, apa sebenarnya yang "songsang" tentang Seksualiti Merdeka?  Ketiga, apa sebenarnya dalam ajaran Islam yang dilanggari Seksualiti Merdeka?

Seksualiti Merdeka adalah sebuah acara tahunan yang bermula pada tahun 2008 sebagai forum untuk warga Malaysia berbincang dan bertukar pendapat tentang isu-isu yang berkaitan dengan kehidupan sebagai rakyat Malaysia yang lesbian, gay, biseksual, dan transgender.  Seperti yang dijelaskan oleh penganjur Seksualiti Merdeka, Pang Khee Teik (gambar kanan), acara ini tidak mengajak orang awam untuk menjadi "gay" atau menukar jantina.  Sebaliknya, acara ini bertujuan untuk meningkatkan pemahaman dan kesedaran awam tentang golongan minoriti ini.

Selepas tiga tahun tanpa sebarang bangkangan daripada mana-mana pihak, Seksualiti Merdeka kini didepani dengan tohmahan bisa daripada pihak-pihak tertentu yang terdiri daripada orang-orang lelaki Melayu PERKASA.  Minggu lepas, mereka berdemo di hadapan Masjid Negara dengan slogan-slogan yang tidak berpaksikan mana-mana fakta dan berfokuskan kepada perbuatan "seks sejenis".  Walaupun demonstrasi PERKASA di hadapan Masjid Negara adalah sah dan berpatutan di sisi prinsip demokrasi dan kebebasan bersuara, objektif mereka untuk menyekat kebebasan golongan LGBT untuk berhimpun berbaur ironi.

Kemungkinan besar tentangan terhadap Seksualiti Merdeka tidak berkenaan langsung dengan agama, keamanan negara, dan sensitiviti orang Melayu.  "Agama", "keamanan negara", "sensitiviti orang Melayu" adalah alasan yang sering dikitar semula jika isu-isu mengenai hak asasi manusia dan demokrasi meletup di sidang media, parlimen, internet, dan di kedai kopi.  Pengharaman Seksualiti Merdeka sangat mirip dengan pengharaman perhimpunan BERSIH bulan Julai lepas; hujah yang disampaikan untuk mengharamkan keduanya adalah sama.  Sudah tentu apa sahaja bentuk pengharaman yang dilaksanakan pada masa depan akan berteraskan alasan yang sama, diguna semula sehingga kosong intipati hujahnya.

Kesemua rakyat Malaysia - konservatif mahupun liberal - perlu diingatkan bahawa tidak semua orang Islam sama, dan tidak semua ajaran Islam ditafsir dan diamalkan dengan cara yang sama.  Walaupun terdapat perbezaan pendapat antara orang Islam di Malaysia dan di luar negara, akhlak dan akidah mereka tetap berlandaskan ajaran Islam yang satu.  Oleh kerana itu, PERKASA, MUIS, dan organisasi agama yang lain tidak berhak untuk memanggil diri mereka "wakil" kesemua umat Islam di Malaysia mahupun di dunia.

Terdapat orang-orang Islam, ulama dan penganut yang layak membincang tentang urusan agama sepert kyai K.H. Hussein dan imam Feisal Abdul Rauf  yang menyokong hak-hak yang dituntut oleh golongan LGBT, terutamanya hak undang-undang untuk perlindungan daripada kekerasan dan diskriminasi terhadap orang-orang lesbian, gay, biseksual dan transgender.  Mereka juga orang Islam dan percaya bahawa kesemua ciptaan Allah S.W.T yang pelbagai ragam ada hikmahnya.  Islam "sebenar" tidak dimonopoli oleh orang-orang Melayu Malaysia tertentu sahaja, tetapi dihayati oleh orang-orang yang berbeza bangsa, jantina, dan orientasi seksual.

Pendek kata, tidak semua orang Islam menentang kebebasan golongan LGBT untuk menyuarakan keinginan mereka untuk diberikan hak-hak yang sama seperti orang-orang bukan LGBT.  Seksualiti Merdeka tidak bersembunyi di sebalik "topeng" hak asasi manusia, bahkan tuntutan golongan minoriti adalah sebahagian daripada hak asasi manusia yang diiktiraf di seluruh dunia.

Persoalan lain tentang alasan pengharaman Seksualiti Merdeka mula timbul: sejak bila golongan LGBT mengancam "keamanan negara"?  Bilangan mereka yang tergolong dalam kategori LGBT di seluruh pelusuk dunia adalah kecil.  Mereka hanyalah minoriti yang jarang mempunyai pengaruh yang besar dalam arena politik, agama, dan media.  Ini adalah kerana diskriminasi, prejudis, dan keganasan yang menular dalam masyarakat terhadap golongan minoriti seksualiti dan gender yang sering menghalang mereka daripada menjalani kehidupan mengikut sifat semulajadi mereka secara terbuka.

Dan "sensitiviti" siapa sebenarnya yang disentuh?  Isu yang sensitif menjadi bahan kontroversi kerana isu berkaitan dengan seksualiti dan gender jarang diperdebatkan secara terbuka.  Tanpa perbincangan terbuka, pengetahuan rakyat Malaysia - umat Islam Malaysia terutamanya - tentang kepelbagaian dari segi gender dan orientasi seksual akan terus dikongkong dan digelapi prejudis dan kesempitan pendapat.  Prejudis dan kesempitan pendapat inilah yang menyumbang kepada fitnah dan maklumat yang tidak benar tentang program Seksualiti Merdeka sebagai "pesta seks bebas."

Seksualiti Merdeka bukan untuk segelintir warga Malaysia yang mengenal diri mereka sebagai lesbian, gay, biseksual, atau trans sahaja tetapi sebuah forum di mana rakyat yang berbeza pendapat berkongsi pengalaman dan pengetahuan secara sopan, intelektual, dan saling menghormati satu sama lain.  Tindakan polis bagaikan serangan hendap semasa pembatalan program Seksualiti Merdeka minggu lepas terus menyempitkan peluang kaum minoriti gender dan orientasi seksual untuk bersuara dan berhimpun dengan aman.

Identiti LGBT juga bukan ciptaan budaya "Barat" tetapi wujud di kalangan kita - rakan, anak, ibu, bapa, isteri, suami - dan orientasi mereka wujud secara semulajadi dan tidak boleh diubah sesuka hati atau dipaksa.  Maksud seksualiti bukan mengenai perbuatan seks semata-mata seperti yang diobses oleh khalayak ramai dan liputan media, tetapi mengenai perasaan cinta dan kasih sayang antara pasangan yang berjantina yang sama.  Mengikut kajian yang dilakukan di beberapa negara perbuatan homoseks sering tidak melibatkan orang-orang yang menggelar diri mereka gay dan lesbian.  Dengan kata lain, perbuatan seks sejenis atau heterosex tidak selalunya melibatkan identity LGB.

Bagi saya, badan-badan agama harus menangkis rasa takut dan benci terhadap kelainan dan kepelbagaian kudrat manusia dan mula mendekati dan membuka minda dan hati kepada golongan LGBT.  Homofobia dan transfobia - perasaan benci dan takut terhadap orang-orang gay, lesbian, dan transgender - tidak mengenal agama.  Ia berleluasa kerana sifat tidak berperikemanusiaan dibenarkan menyelinap masuk ke dalam minda masyarakat yang tidak boleh menerima perbezaan identiti, pendapat, dan pengalaman.

Malaysia jauh kebelakangan dalam kebebasan bersuara disebabkan budaya kita yang mengagungkan pangkat dan kuasa yang diperolehi melalui status istimewa yang diberikan kepada orang lelaki Melayu Islam.  Budaya inilah yang paling kuat menindas yang lemah dan terpinggir dalam masyarakat kita.  Badan-badan agama, pihak polis, dan persatuan ekstrim seperti PERKASA adalah sebahagian daripada budaya ini dan melambangkan contoh penyalahgunaan kuasa atas nama Islam dan undang-undang.

*Alicia Izharuddin adalah pelajar Doktor Falsafah dalam kajian Islam, gender, dan media. Beliau menyokong kebebasan golongan LGBT Malaysia untuk bersuara dan menerima kesemua hak-hak yang sama seperti warga Malaysia yang lain.

Malaysia: Reverse Ban on Sexual Diversity Festival

Ensure Right of All Malaysians to Freedom of Association, Expression
 

(New York, November 9, 2011) – The Malaysian government should immediately rescind a police-imposed ban on the fourth annual Seksualiti Merdeka festival and adopt measures to protect all Malaysians from discrimination, Human Rights Watch said today in a letter to Prime Minister Najib Razak. The “sexual diversity” festival, which has been held since 2008 without incident or interference from government authorities, was scheduled to take place in Kuala Lumpur from November 9 to 13, 2011.

The festival was to consist of talks, workshops, literary events, stage performances, and an art exhibition focusing on “the human rights of people of diverse sexual orientations and gender identities.” The police announced on November 3 that it constituted a “threat to public order.” The authorities failed to provide any evidence to justify that determination, Human Rights Watch said.

“Banning the Seksualiti Merdeka Festival blatantly contradicts Prime Minister Najib’s ‘1Malaysia’ call to promote ‘unity in diversity’ in Malaysia and sadly indicates that a discriminatory, homophobic agenda persists within some quarters of the government,” said Boris Dittrich, advocacy director of the lesbian, gay, bisexual, and transgender (LGBT) rights program at Human Rights Watch. “The prime minister should promptly reverse this wholly unjustified decision and minimize the harm to Malaysia’s reputation.”

Seksualiti Merdeka organizers say that they have been subjected to a renewed barrage of harassment and threats of violence by people using mobile phones/SMS and social media since the police announced the ban. The government should fully investigate these threats and prosecute those responsible to the fullest extent of the law, Human Rights Watch said.

Malaysia’s criminal law encourages discrimination against Malaysia’s LGBT population and has been used to prosecute sexual acts between consenting adults. The government refuses to consider repeal of article 377B of the penal code, which criminalizes consensual “carnal intercourse against the order of nature,” or to replace article 377C on non-consensual sexual acts with a modern, gender-neutral law on rape.

The Universal Declaration of Human Rights affirms that all human beings are born free and equal in dignity and rights and that everyone is entitled to all the rights and freedoms set forth in the declaration, without distinction of any kind, including the rights to freedom of expression and association. The Malaysian government’s unjustified banning of the festival violates the principle of non-discrimination and freedom of expression and association, Human Rights Watch said.

Malaysia is member of the United Nations Human Rights Council. When it sought election to the council in 2010, the Malaysian government made a commitment to “uphold the highest standards” of human rights and to “fully cooperate” with the council. Banning the festival contradicts the council’s June 2011 resolution on “Human Rights, Sexual Orientation and Gender Identity,” which expresses “grave concern at acts of violence and discrimination, in all regions of the world, committed against individuals because of their sexual orientation and gender identity.” Unless the ban is reversed, other countries are likely to raise the issue with the council, Human Rights Watch said.
“On Human Rights Day last year, UN Secretary-General Ban Ki-moon called upon all countries to decriminalize same-sex sexual relations between consenting adults,” Dittrich said. “Malaysia is long overdue in responding to that and other calls by the international community to end its discriminatory behavior, and the government should repeal its ‘unnatural offenses’ laws immediately.”For more Human Rights watch reporting on Malaysia, please visit:http://www.hrw.org/asia/malaysia
For more Human Rights watch reporting on LGBT rights, please visit: http://www.hrw.org/lgbt

For more information, please contact:In Bangkok, Phil Robertson (English, Thai.): +66-85-060-8406; or robertp@hrw.org
In New York, Boris Dittrich (English, Dutch, German): +1-212-216-1280; or +1-917-535-3863 (mobile); or dittrib@hrw.org

HUMAN RIGHTS WATCH: Ban of Seksualiti Merdeka raises serious questions about commitments Malaysia made to UN Human Rights Council

http://www.hrw.org/node/102842

HUMAN RIGHTS WATCH

350 Fifth Avenue, 34^th Floor

New York, NY 10118-3299

November 8, 2011

Y.A.B. Dato’ Sri Hj. Mohd. Najib Bin Tun Haji Abdul Razak
Prime Minister
Office of the Prime Minister
Main Block, Perdana Putra Building
Federal Government Administrative Centre
62502 Putrajaya, Malaysia

Via facsimile: +60 3 8888 3444

Re: Banning of Seksualiti Merdeka Festival


Dear Prime Minister Najib,

Human Rights Watch writes to express our serious concerns about the Malaysian government’s abrupt banning of the fourth annual Seksualiti Merdeka festival, which was scheduled to take place in Kuala Lumpur from November 9-13, 2011. The banning of this festival violates basic rights to freedom of association and expression guaranteed by international human rights law and the Malaysian constitution. Statements by police authorities, backed by senior government officials such as the minister of home affairs, further reveal disturbing, discriminatory, and homophobic attitudes by the authorities. We urge you to immediately and unconditionally reverse the banning of the festival and publicly pledge your government to ensure all Malaysians equal protection of the law against any discrimination.

We note that Seksualiti Merdeka has held its annual festival since 2008 without incident or interference from government authorities. The organizers of the festival have consistently reiterated that this year’s event follows the model of previous years, being composed solely of a series of forums, talks, workshops, book launches, stage performances, and an art exhibition focusing on “the human rights of people of diverse sexual orientations and gender identities.”

On November 3, Sungai Besi township police announced a ban on the festival on the grounds that it constitutes a “threat to public order” under section 298A of the Penal Code. Yet no evidence whatsoever was presented to justify this decision, which relies on a vague and overbroad legal provision to seek to justify discrimination apparently on the basis of sexual orientation.

These actions contradict your own proclaimed vision for Malaysia. You stated in an article in the Sydney Morning Herald on October 27 that Malaysia is a “progressive, liberal nation” and “a multi-cultural, multi-ethnic society that has a long and proud history of social harmony and welcoming outsiders.” Yet your government’s actions against Seksualiti Merdeka treat members of Malaysia’s lesbian, gay, bisexual and transsexual (LGBT) community as outsiders without the same rights as other Malaysians.

The government’s double standard against Seksualiti Merdeka is evident in the police’s response to demonstrations by anti-LGBT organizations. The police arbitrarily applied the Police Act (article 27 A(1)(c)) to break up a peaceful event by Seksualiti Merdeka supporters on the evening of November 3 at the Annexe Gallery, and ban the festival events. Yet when the organization Perkasa publicly demonstrated on November 4 at the National Mosque and issued veiled calls for violence against the LGBT community – Perkasa Youth chief Irwan Fahmi Ideris reportedly vowed to stop gay and lesbian culture to “the last drop of blood” – the Malaysian police force did nothing. Such actions raise concerns that the government will not act to protect the LGBT community should their safety be at risk.

Seksualiti Merdeka organizers say that they have been subjected to a renewed barrage of harassment and threats of violence by persons using mobile phones/SMS and social media since the police announced the ban. We urge you to order the police to fully investigate these threats and prosecute those responsible to the fullest extent of the law. Similarly, the government should respond to any incitement to violence or to hostility amounting to criminal harassment or intimidation against the LGBT community with prompt investigations and robust prosecutions.

Discrimination against Malaysia’s LGBT community is encouraged by Malaysia’s criminal law which has been used to prosecute sexual acts between consenting adults. The government refuses to consider repeal of article 377B of the penal code, which criminalizes consensual “carnal intercourse against the order of nature,” or to replace article 377C on non-consensual sexual acts with a modern, gender-neutral law on rape.

In June 2011 the United Nations Human Rights Council (HRC) adopted a resolution on Human Rights, Sexual Orientation and Gender Identity (introduced by South Africa, and regretfully opposed by Malaysia) that expressed “grave concern at acts of violence and discrimination, in all regions of the world, committed against individuals because of their sexual orientation and gender identity.” This resolution builds on the Universal Declaration of Human Rights affirming that all human beings are born free and equal in dignity and rights and that everyone is entitled to all the rights and freedoms set forth in that Declaration, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth, or other status. The HRC resolution also is in line with General Assembly resolution 60/251, which states that the Human Rights Council shall be responsible for promoting universal respect for the protection of all human rights and fundamental freedoms for all, without distinction of any kind and in fair and equal manner.

The banning of the Seksualiti Merdeka festival is a flagrant example of the kind of discrimination that the Human Rights Council is determined to end. It raises serious questions about the commitments Malaysia made in seeking re-election to the Council and the government’s pledges to “uphold the highest standards” of human rights and to “fully cooperate” with the council. Should the ban on Seksualiti Merdeka not be reversed, the matter can be expected to be taken up by countries at the Human Rights Council in the future.

Finally, the Malaysian government should ensure the safety of human rights defenders such as former Bar Council president Ambiga Sreenevasan, who has faced severe verbal attacks since it was revealed that she was scheduled to preside over the opening session of Seksualiti Merdeka.  Perkasa and other groups have labeled Ambiga as an “antichrist,” impugned her patriotism, called for her Malaysian citizenship to be stripped, and demanded she be detained in preventive detention under the Internal Security Act.

By its banning of Seksualiti Merdeka, the government has seriously harmed Malaysia’s claims to being a country that celebrates unity in diversity. You can reverse that blatant act of discrimination by immediately ending the ban, and by investigating and prosecuting threats against the LGBT community. And by acting promptly to abolish the country’s discriminatory laws, genuine progress can be made in promoting a Malaysia that respects the rights of all Malaysians.

We look forward to learning what steps you have taken to address these concerns.

Sincerely yours,

Phil Robertson
Deputy Director, Asia Division

Graeme Reid
Director, Lesbian, Gay, Bisexual, and Transgender Rights Program

Cc:
Y.A.B. Tan Sri Dato’ Haji Muhyiddin Bin Mohd. Yassin, Deputy Prime Minister
Y.B. Dato’ Seri Hishammuddin Bin Tun Hussein, Minister of Home Affairs
Y.B. Senator Dato’ Seri Shahrizat Abdul Jalil, Minister of Women, Family, and Community Development 

http://www.hrw.org/node/102842 

In Defence of Seksualiti Merdeka

Tired of “ultraconservatives” using terms like national security or public morality  ”as a shield to continue to abuse fundamental rights as they wish”? So is Batu 5.

The nation is restless.

The ban on Sexuality Merdeka reflects the growing intolerance of differences in beloved Malaysia. It is worrisome considering the misunderstandings that the public has on what Sexuality Merdeka actually is. The police ban was greeted with ceremony and joy from the Malaysian public.

The proliferation of homosexuality has been curbed! A venereal disease prevented, by the swish of a pen decreeing a ban on activities related to the scourge which is the LGBT.

This is an article to defend the fundamental right of association of marginalized communities. The objective of Sexuality Merdeka is not to tell others to be a homosexual. It is essentially a form of engagement, a discourse if you will, to highlight the plights and tribulations that LGBTs face.

Most of us are unaware of the realities of what these isolated minorities, living within the peripheries of the majority endure. Even I am incapable of comprehending the stigma, the suffocation and the struggles that afflicts LGBT groups. Hence, Sexuality Merdeka serves to be a bridge of understanding that seeks to connect the silent majority and the disenfranchised communities.

Most of us are aware of the legal discrimination that they face (as prescribed under written law). However, the more pressing concern is the hidden discrimination that we don’t see; the social discrimination that they face. The difficulty in obtaining employment due to sexual orientation, the perception and treatment meted out by society at large just because they’re different. Born differently, perceive differently, live differently and thus treated differently.

The sanctimonious behaviour of the authorities in decrying the event as a salacious Sex Festival demonstrates their parochial view on what Sexuality Merdeka actually is all about. This view has led to a prohibition of the event. Unfortunately, this skewed characterization is bought by the public.

My colleagues, when asked on their opinion of the ban, went on a tirade on how homosexuality is a blatant contradiction to religious teachings and what religious scriptures say.

    “It is unnatural”

    “Mana boleh orang sejenis bersama!”

    “Look at what happened to Prophet Lut’s people.”

However, that’s not the issue. By going there you don’t automatically become a homosexual. And you have the ability to not go if you wish. What’s wrong with a bunch of plays, talks and workshops which serves as a platform to inform the public of what LGBTs have to endure? You cannot pretend that these communities don’t exist and treat them as if they’re invisible.

The justification given by the authorities to ban this event screams of bigotry. It is an affront to “public morality” and against “national security” they say. The protection of public morals is treated premium over individual liberty.

I’m tired. I’m tired of ultraconservatives using the veneer of “public morality” and “national security” as a shield to continue to abuse fundamental rights as they wish.  In order to ban something, there must be a tangible harm to others, not a phantasmagorical harm that you think might occur to you!

I believe that Sexuality Merdeka does not transgress the morals of society. Morality is a subjective concept. What is immoral to a Taliban, is not immoral to a liberal. You might think drinking is immoral and it should be banned but I don’t think it’s immoral and hence think it should be legitimate. So where do we draw the line when prohibiting something?

We draw the line when an act harms another, the Harm Principle as postulated by John Stuart Mills in his essay On Liberty.  We can do whatever we want, even if it harms ourselves as long as we don’t harm others.  This view is confirmed by Oliver Wendell Holmes Jr who famously stated that “my freedom to swing my hands and arms ends before it reaches your nose”.

Nothing within Sexuality Merdeka causes a tangible third party harm. Yes, it is a public event but it is done at a private venue, at the Annexe Gallery. The conservative majority has the option not to go if they wish and ignore the festivities. It is neither an imposition of morals nor an imposition of worldview to force acceptance of LGBT rights.

It is not akin to a gay pride parade which happens at the streets. Sexuality Merdeka is a non-confrontational event which invites the public to listen to their grievances. It is not a march demanding for their rights at the middle of the street causing inconveniences to others.

The symbolic gesture of a prohibition is that it de-legitimizes an idea. It sends a message that the object in contention is harmful and dangerous, as it warrants government intervention. A prohibition is generally associated with the need to protect society from the said object/activity e.g drugs, crime.

Sadly, the ban on Sexuality Merdeka indicates that society needs to be protected from a group of marginalized minorities trying to assert their fundamental right to association. From minorities whom tirelessly requests to be understood and be heard.

Essentially, this is what the ultraconservatives want. A ban reinforces the stigma on the minorities. It breaks the traction of demanding for rights that minorities are gaining by whipping up a hysteria on the silent majority to stonewall any form of engagement with discriminated minorities.

The ban is a form of intolerance to diversity. Diversity, a fundamental characteristic of a heterogeneous society. It is a form of imposition of the majority’s moral standards on the minority; essentially a tyranny of the majority. Is this where we are heading to, a country which is more concerned with appeasing utilitarian demands than upholding the constitutional rights of the minority?

I’ll keep on dreaming of the utopian compassionate society.

Not all religions against homosexuality

Letter published in Malaysiakini on Nov 6, 2011

I am disappointed that Malaysiakini would publish such an ignorant and irresponsible statement like ‘Muslim NGOs: Homosexuality is against all religions’ without qualification. I doubt the Muslim NGOs that make this erroneous claim have any in depth knowledge of other religions, that they can make a sweeping statement like this, and your title does not help matters.

Only religions based on the biblical tradition claim to object to homosexuality, and even that point has been argued by many today and many are beginning to take a less extreme religious stand on the matter.

The fact is Eastern religions like Hinduism, Taosim and Buddhism among others do not make an issue of homosexuality. There is no prohibition in the sacred texts and homosexuals are not discriminated in Eastern religious practices.

There may be those of these religions who object to homosexuality but such are a result of social considerations, not religious (although some zealous ones may contrive to find something in the scriptures to back their biases - yet you will see that this is not prevalent in Eastern thought).

For example in Buddhism, the dharma is not concerned about whom one has sex with. It just teaches that sexual attraction (of any form between any persons) is an impediment to gaining enlightenment. A gay person is welcome to go to a Buddhist temple, indeed a Taoist or Hindu temple and make prayers and offerings.

No one in these religions tells that gays are sinners or would go to hell; that is reserved for those who steal, lie, cheat, commit murder etc, of which I am sure there are many in our political arena that our NGOs should be more concerned with.

Such ignorance about religion should not taken as fact, as people say, if you repeat a lie many times it becomes a truth.

As for detractors like Ibrahim Ali and other opportunistic organisations, I have this to say.

It is not surprising that Ibrahim Ali has not the mental capacity to understand concepts beyond four or five letters, such as ‘human rights convention’ or ‘sexuality issues’ or ‘federal constitution’. At best words he are familiar with are 'hate', 'bigot', 'frog', 'cheat', 'lie'.

It is people like him, and the people in politics and public service responsible for the tens, possibly hundreds, of millions, reported in the Auditor General’s 2010 report that are a threat to national security.

They are the ones bankrupting the country, allowing criminals to roam free, and bringing in foreigners in the millions to upset the balance within the country, that are the threat.

Stop shifting the limelight from all these problems to gays and Seksualiti Merdeka and Elton John.

If anything, both Seksualiti Merdeka and Elton John project values that are far nobler than that which Ibrahim Ali espouses. PAS complains that Elton John's marriage is a bad influence, but how can his openness about his sexuality, that is about courage, honesty, and commitment to his partner represent values that are bad?

Seksualiti Merdeka is about giving people self dignity, giving them a sense of community, and encouraging acceptance and love instead of polarisation and hate. It aims to empower gays with a sense of self worth, that helps them go through life without the kind of destructive self-loathing that for decades has been drilled into them. Again, how can these be bad?

Do people like Ibrahim Ali or the silly PAS Youth (especially Pahang and Wilayah) prefer people to practice deceit, lies, hate, discrimination and so on? What kind of Islamic values are those? Why object to community building initiatives that help gays heal themselves, to become useful contributors to society and the economy?

Gays around the world have achieved plenty. There was in the recent past at least one case of a transsexual in India who was elected to represent her constituency, while there are gay MPs in governments around the world. Many successful businessmen, artists, activists etc are gay. Any one of them deserves more respect than hypocrites and dirty politicians like Ibrahim Ali.

Since when did God give people like Ibrahim Ali and PAS Youth the license to be God's spokesman? In particular Ibrahim Ali, how can a person who once said "sh*t" on TV and who cheats his constituency by jumping ship, and who fraternises with corrupt and racist politicians, gangsters and murderers, claim to be a defender of Islam? God would shudder.

Likewise the hypocritical PAS Youth, who are just using religion to gain support. Shame on you. I am not convinced that any of you are truly worthy of telling others about morality and spirituality. Go and look after your own backyard first.

As for PAS, I hope you remember that gays are also voters. And they are likely to not support BN because of the government's perceived homophobia, so I would like to hear PAS tell gays their votes are not welcome. Go ahead. It is generally accepted that 10% of any community is gay, that makes millions of voters in Malaysia.

PAS should stop shoving religion in our faces. We support PAS for its apparent honesty and sincerity towards good governance, but it is time PAS respects the some 40% non Muslims in the country that are also tax payers and voters.

Why not protest all the horrible things that are going on in our country, instead of picking on gays for wanting to live a life of dignity instead of being oppressed into a life of shame and insecurity, that often leads to tragic circumstances, as the case of Aleesha recently has shown. Have you all not learnt the lessons?

Just because Islam is constitutionally the country's official religion, and that a large percent of Malaysia is Muslim, does not give PAS the right to treat the principles of other religions with indifference.
As a party that aspires to govern a multiracial country it has to start to respect the rights of non-Muslims within the framework of the constitution vis a vis the position of Islam.

As mentioned, not all religions see homosexuality the way PAS interprets Islam to see. Hindus, Buddhists and Taoists have no issue with it from a religious standpoint. Our views have also to be respected at national level.

And Ibrahim Ali, I want to remind you gays pay their taxes, probably more than you, and your MP salary comes from part of that. I suggest showing a little respect for your paymaster.